Dearsir. I m 36 yr old men staying with my wife. My father and mother passed away without any will. We are 4 silblings, 3 elder sisters all married and 1 bother (myself). I m staying in parental house with my wife and my sister come and harress me and my wife. They ask us to leave the house or else they will disturb my family life. my sister are not even willig to sell the house or do any settlement. They only want the control of the house n let me n my wife out of my house. Please advice how to deal in such situtation wher my family life is getting disturb and i being harresed by my sister in my own father house. I know i cant stop them from coming into this house. But they are not even letting me to stay in this house. I dnt have any other house . Please Advice
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Lawyers are available now to answer your questions.
1)on your parents demise you have 1/4th share in said house
2) you cant be forcibly evicted from said house
3)in the event you are threatened by your sister record the threats and lodge police complaint of criminal intimidation under section 506 of IPC
4) you can also file suit for partition of the house
1. If their disturbances are criminal in nature then you can file case of criminal intimidation and abuse.
2. Since you have share in the house you can file civil suit for partition and injunction against further disturbances.
1. Since your parents died without executing a will all the children of the owner have inherited the house in equal proportions.
2. You and your sisters have an equal share in all the properties, movable and immovable, of your parents.
3. Your sisters cannot evict you from the house, albeit they can file for partition to cull out their equal share in it.
4. If your peaceful stay in the house is disturbed by your sisters you can seek a restraint order from the court against them.
You have not stated that on whose name the property stands as on this date. Assuming it to be on your deceased father's name, he died intestate, the property will devolve equally on all his legal heirs. Therefore your sisters have a right to a share in the property. However since you are living with your family and the property is in your possession and enjoyment, they cannot ask you to leave the house because you too have rights in it. If at all they want their share, let them settle the issue with amicable partition compromising the issues among yourselves or to have a legal partition through court by filing a partition suit.
Next time when indulge in violent activities against you, they may be informed that you will be pushed to seek relief against them through police for indulging in criminal activities against you and your family members and ask them to settle the matter as aforesaid or to face the music of law.
1. Collect the evidence of her harassing you and your wife by audio recording her conversations,
2. Lodge a police complaint against her/them for harassing you and your wife,
3. File a partition suit for claiming your share of the property duly partitioning it by metes and bound.
